Trademarks

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The law pertaining to these two kinds of marks is nearly indistinguishable.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the US Patent and Trademark Office (USPTO).

Trademark rights arise from use of the mark, not from registering it. Even without a registration, one acquires rights. So why seek a registration? Registration confers the following advantages onto the holder: